SB1 Visa

[Boiler 45,525]

I did not know the IRS is closed, when did this happen?

[Just Paul 4,595]

1 hour ago, Child of the Sun1 said:

Especially the CPA stated IRS is closed

IRS is open.  They are not sending out anything my mail.  If the CPA is an enrolled agent and filed the taxes initially he should have no issue pulling a tax transcript.  If the CPA did not do the taxes then his letter would be meaningless.

 

1 hour ago, Child of the Sun1 said:

She said her dad is a retired US citizen who is receiving pension from Social Security so its not pretty safe.

She feels US Social Security isn't safe?  Financially?

[Child of the Sun1 0]

@Paul & Mary IRS is closed because the CPA was trying to request for the w2 form of my friend. I highly doubt he is lying.

1 minute ago, Paul & Mary said:

She feels US Social Security isn't safe?  Financially?

When she said isnt safe what she meant was the fact the her father receives money from the US govt. People in the Philippines especially in rural places may have bad Intentions. I am sure you are aware of those abuses. People stealing money etc. Do I need to be more specific? I will repeat, Nobody is in IRS at the moment to process the w2 form. I don't know if you already tried, but the CPA did

[Dashinka 24,512]

7 hours ago, Child of the Sun1 said:

@geowrian You said see so few successful SB-1 visas what are the common scenarios they have? I spoke to someone in the US Embassy in Manila and they said taking care of a ill parent is a pretty common cases of LPRs being stranded outside the US. Now this is the US Embassy in Manila so I assumed this person is stating based in the Embassy In Manila alone. 

But if what you  said is true about few successful what are the common factors why the officer denies the sb1 visa?

As far as I know, none of us participating here are CO’s, so it would just be a guess as to why an SB1 would be denied, but I would imagine the CO would determine that the immigrant had actually abandoned their GCs.  This will be the burden for your friend as they have to prove this is not the case after a prolonged absence from the US (question 10 from the DS117).  You mentioned she has a child in the US, but a CO may wonder how a child, left back in the US for four plus years, is a continuing tie.  You mentioned she has no permanent address in the US, so unless she has solid plans for re-establishing residency in the US she may have issues.  Does she have a current bank account in the US, and of course what has been already discussed, maintaining tax status?  As to the second part of question 10, what your friend did to maintain her GC status, that is kind of water under the bridge since she can not go back and apply for a re-entry permit, and extend it.  Like others have said, she has to put her story together, shore up what she can and see what happens.

[Child of the Sun1 0]

@Dashinka I  believed I mentioned this before about her ties with her son or daughter.  How is that a continuing tie? She communicates with the child and still supports the child. That alone is a motive that you are maintaining your communication and ties with your child. She has no permanent address because she is renting but she's been in that state for 11 yrs. She has a bank account but what she told me she has one of those pre-paid credit cards and that was the one she's been using all along.  I believed I mentioned all this stuff before. for example about her child. So I don't know, was there a misunderstanding here?  

 

Edited June 9, 2020 by Child of the Sun1

[Child of the Sun1 0]

@Dashinka as far as for the Taxes well still waiting the w2. That is the only thing she needs to file according to the CPA. I'm not really quite sure about this, but Im sure that my friend's case is not the only worst case who wants to apply for an sb1 visa. I am sure that there are applicants out there who had a lot worse case than this and was able to get approved. Well I am not comparing it, I am just saying still possible. Again the US Embassy in Manila told me that majority of the filipinos who are LPRs, Who's been stuck in the Philippines for more than 2 yrs has the same reason. I  just dont know how many of them got approved

[Child of the Sun1 0]

@Dashinka That question of how she maintain her GC that is also one thing I am thinking about. She said to me how can I maintain it? Im taking care of my father. She even added seriously? the immigration is going to show that Inhumane side? especially if I have all the documents to show that my dad's health condition can lead into life and death? I also observed that this sb1 visa has some gray areas. She also added to answer that question how she maintain it, well she wasnt able, why? because the life of her father was on the line. She also said  in all caps LIFE.  That even she is far away she still supports her child. because its life. The responsibility of a daughter to the parent and a mother to her child. Well that is what she said

[Villanelle 4,122]

I think its good that you spoke to a CPA. Hopefully they can get her tax stuff sorted for her and it wont cost her too much. Yes, right now due to the pandemic the IRS is running with limited services. Typically when you file a late return it can take a while for the IRS to process it and you to be able to get a transcript. So she will want to present the copy of the 1040 filed along with the W2s because its going to be a while before she can get a transcript. For the additional years where she did not earn enough to file she will want to prepare a letter similar to the one you would prepare if you were filling out the 864 and not required to fill out a tax return. Its just a simple letter stating you did not earn enough to file per IRS guidelines, you quote the IRS policy stating such and how much you earned. You can search VJ for examples of how to do this. It may not be necessary but its not going to hurt and it will ensure she shows she met all US tax obligations- which will help. 

 

I also agree that compassion is necessary in the world but unfortunately compassion is not a big part of immigration. Do not count on compassion or you will be disappointed. 

 

General information: The following is a list of factors they will consider when determining if you maintained ties to the US or abandoned your residency-

the length of your absence;
The reason you are traveling;
Whether you have a fixed date to return to the United States;
Whether you have continued to file tax returns as a resident alien;
Whether you have maintained bank accounts, property and a driver’s license;
The location of your family; and
The location of your employment.

 

https://lawandborder.com/keeping-your-permanent-resident-status-best-practices-for-avoiding-abandonment/

 

The above link is a very good resource for you to read over and share with her. Please read carefully the section titled "Illness". At the bottom of the webpage it lists the footnotes for the cases they are referring to. Specifically 51, 52, 53, 54, 55, 56. You can highlight the case listed there and right click to search google for it- example googling #51  (Angeles v. District Director, I.N.S., 729 F. Supp. 479 (D. Md. 1990)) brings up - https://law.justia.com/cases/federal/district-courts/FSupp/729/479/1492973/

 

Read through the cases. You can see #51 "she was living abroad on an indefinite basis and would probably have sought to continue to do so as long as her father was alive." vs #52 "the LPR’s stay abroad was temporary in that it “was scheduled to terminate upon the occurrence of an event having a reasonable possibility of occurring within a relatively short period of time", however the case in #52 was denied as well...  #53 is a bit harder to find so I am linking it here-  http://www.asserlaw.com/articles/article_169.pdf

 

As I attempted to explain before the specifics matter. You will want to look at cases where they determined favorably and see if you have any similar evidence or circumstances as well as the cases where they denied it and see how her situation compares. From reading the case files you can see it is also important to show you did not create ties there. 

 

I also think its important to not ignore parts that dont 'seem fair' or dont seem applicable. Rather you want to look at what could be negative and try to come up with an explanation or proof to negate it. Every case is going to be different. The specifics matter. It seems like she is going to need to try to present this as it was a temporary situation- that she did not secure her own housing, that her employment there was out of necessity and temporary and solely for the purposes of being able to survive since she does not have an unlimited bank account to rely on. That arrangements were made for the fathers care even though it took a very long time to do such. But it was done because she did not intend to remain there forever taking care of him. She should also look through her old emails or paperwork for things that would show correspondence that supports this. If her trip was suppose to be temporary and she was going to return to her job in the US she would probably have some correspondence with the job where she advised them she wouldnt be coming back when anticipated. She may also have correspondence like that with the childs father. 

 

Again people here are not trying to be negative or discouraging. Are you familiar with the phrase 'devils advocate'? Its when someone presents an opposing argument to expose flaws. Thats what many users here are attempting to do. 

 

 

[TBoneTX 45,305]

In this and the previous thread, the OP has received essentially the same constructive advice, over and over, repeated in highly patient variation.  Because there is plenty to go on, and because conjecture about success remains fruitless, this thread is now closed to further comment.  Do not restart this topic or refer to it elsewhere.

 

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